Upon the stipulation entered into herein, judgment reversed and a new trial ordered to be had without costs of *804this appeal to either party, all disbursements to be taxed in favor of the plaintiff appellant to abide the event of said new trial. Respondents to repay to appellant forthwith the ten dollars costs imposed upon and paid by plaintiff upon dismissal.
Present: Bischoff, P. J., Leventritt and Clarke, JJ.
Judgment reversed and new trial ordered, without costs.